Supreme Court of India · 2017-01-23
D.M.,Oriental Insurance Co. Ltd vs Swapna Nayak & Ors
- Citation / case number
- AIR 2017 SUPREME COURT 692
- Court
- Supreme Court of India
- Petitioner
- D.M.,Oriental Insurance Co. Ltd
- Respondent
- Swapna Nayak & Ors
- Author
- Abhay Manohar Sapre
- Bench
- Abhay Manohar Sapre, J. Chelameswar
Judgment text excerpt
The Supreme Court addressed appeals from the Oriental Insurance Company Ltd. and the claimants regarding compensation awarded under Section 166 of the Motor Vehicles Act, 1988. The Court upheld the High Court's decision to reduce the compensation amount from Rs. 4,36,95,740 to Rs. 3,75,00,000, emphasizing the necessity to deduct income tax from the deceased's salary in calculating the compensation. The ruling clarified the method of calculating compensation in fatal accident claims, particularly regarding deductions for personal expenses and taxes.